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Conservation Resources 
Lig-Free® Type I 
Ph 8.5, Buffered 




INFORMATION ABOaT 

PATENTS 



■BY- 






r 



Walter G. Stewart, 

patent golicifoi! and Expert, 



Copyrighted 1889. 



READING, PA. 




C>3 



Practical Mechanical Experience is as es- 
sential to a good Patent Solicitor as a knowl- 
edge of Patent Law and Practice. 

*&> 

A * 



WALTER G. STEWART, 

Patent Solicitor arid Expert, 

Member of American Society of Mechanical Engineers, 

Office, 536 Penn Square, 
Take Elevator. READING, PA. 

Telephone 344. 



It is without doubt most satisfactory and 
advantageous to inventors to employ a relia- 
ble Patent Attorney who is near at hand, 
whenever it is possible to do so. 



PREFACE. 



Having just removed from 102 South Third 
Street, where I have been continuing the business 
established by the late Thomas P. Kinsey in 1874, 
to the new and handsome building of the Pennsyl- 
vania Trust Company, I have considered it a fav- 
orable opportunity to issue a new pamphlet refer- 
ring especially to my own business, but which it 
will be well worth the while of all interested in 
the subject of patents to keep for reference. 

It has been my endeavor to condense into this 
small pamphlet much information that should be 
acquired by all inventors and manufacturers, and 
by those who are interested otherwise in this im- 
portant subject. 

A careful consideration will enable the reader to 
act in patent matters with more intelligence than, 
unfortunately, most inventors do. 

W. G. STEWART. 



INDEX. 



PATENTS— Object of 3 

Value of 3 

Causes of failure of 3 

Causes of success of 4 

Requirements before granting 5 

How to obtain 12 

Time required to obtain 13 

ATTORNEYS— Advantage of employing 5 

Qualifications of 6 

Advantages of location 6 

APPLICATION FOR PATENT— Comprises 7 

Cost of 24 

Prosecution of 14 

DRAWINGS 7 

SPECIFICATION 8 

INVENTION— What is 7 

Nature and object of , 7 

MODELS 8 

CLAIMS— Importance of 10 



MECHANICAL TRAINING— Value of an attorney 9 

MODIFICATIONS— Importance of covering 9 

RE-ISSUES OF PATENTS 15 

PRELIMINARY EXAMINATIONS 12 

INTERFERENCE 14 

REJECTED CASES 14 

APPEALS— To whom made 15 

Cost of j 15 

CAVEATS 16 

DESIGN PATENTS— What they cover 17 

Term and cost 17 

ASSIGNMENT— Right conferred, 18 

GRANT 18 

LICENSE 18 

REPORTS OF PATENTS— Importance of 19 

MAKING PATENTED ARTICLES 20 

MARKING "PATENT APPLIED FOR" 20 

DECEPTIVE MARKING 20 

TRADE MARKS 20 

COPYRIGHTS 21 

COPIES OP PATENTS , 21 

FEES^Schedule of for U S 24 

Schedule of for foreign countries 26 

Contingent 22 

Extravagant 23 

FOREIGN PATENTS— Importance of 25 

Fees and taxes 26 



PATENTS are granted by the Government to 
protect inventors in the use of their inventions for 
a term of seventeen years in consideration of their 
informing the public fully of the invention. In 
other words, they or their assignees are guaranteed 
a monopoly for a certain time on condition that the 
invention become public property thereafter. 

THE VALUE OF PATENTS TO THE 
GENERAL PUBLIC is evidenced by the won- 
derful growth in the wealth and comfort of the 
people of all nations in which the inventive faculty 
has been encouraged by a liberal patent system. 
And this growth is universally acknowledged to 
have been greater in the United States, where the 
greatest encouragement has been accorded invent- 
ors. As to the value of patents to the inventors them- 
selves, there can be no question that the aggregate 
profit derived by them as a class is so enormously 
in excess of the expenses incident to perfecting and 
securing their inventions as to permit no compari- 
son. It is also true, however, that many patents 
have been issued, and are being issued from which 
little or no profit is derived. 

The Causes of Failure of Patents may be classed 
under three general heads : 

1. The invention involved is so slight or unim- 
portant that it is either not needed at all, or better 
devices can be readily found to answer the same 
purpose. 

2. The belief that "a patent is a patent," in 
the sense that if a patent is obtained the invention 
is necessarily protected, is "a snare and a delu- 



sion." An important invention may be " pro- 
tected " by a patent which in reality affords little 
or no protection owing to the careless or incompe- 
tent manner in which it was solicited. A poor 
patent is frequently worse than none at all as it re- 
veals the invention without protecting it, and the 
most important inventions are apt to realize no 
profit unless protected by strong patents. Manu- 
facturers are inclined to " steal " a good invention 
if they can safely do so, rather than pay for it. 
This subject will be referred to later on. 

3. Business ability, energy and means are neces- 
sary to secure the full benefit, even of a strong pat- 
ent on an important invention. The public must 
see and understand an invention and must often be 
taught in the first place to appreciate the advan- 
tage of even the most important. This is proved 
by the fact that very valuable inventions are some- 
times unprofitable until near the end of their term. 
The inventive faculty, and business ability and means 
are often not united in the same person and in or- 
der to profit by his inventive faculty an inventor 
must be willing to let others profit also. Inferior in- 
ventions often succeed where better ones fail, be- 
cause the inferior ones are better managed. 

The Causes of Success on the other hand are : 

1. Inventing something that is needed or advan- 
tageous and will work satisfactorily. 

2. Securing a strong patent that will properly 
protect the invention. 

3. Good business management. 

Having met these conditions there is no more 
"royal road to wealth" than by means of patents. 



The greatest industries in the world are founded 
on and dependent upon them. 

Before granting a patent the Government re- 
quires : 

First. That the applicant shall make formal ap- 
plication in accordance with the Eules of Practice, 
and shall pay the required fees. 

Second. That he shall clearly illustrate and de- 
scribe his device, which must be something new 
and useful of which he is the inventor. 

Third. That he shall distinctly claim what is 
new and only what is new in view of the prior 
state of the art. 

ATTORNEYS.— Eule 17, of Patent Office, 
" Rules of Practice," says : " As the value of pat- 
ents depends largely upon the careful preparation 
of the specifications and claims the assistance of 
competent counsel will in most cases be of advan- 
tage to the applicant." " It will, however, be un- 
safe to trust those who pretend to the possession of 
any facilities, except capacity and diligence for 
procuring patents in a shorter time or with broader 
claims than others." 

The formalities of making and prosecuting an 
application for a patent, as well as the skill and ex- 
perience required to clearly point out the differ- 
ences of an invention over previous patents which 
are almost invariably referred to by the Patent. Of- 
fice, as showing more or less similarity, makes it 
almost a necessity, and always an advantage to em- 
ploy a reliable Attorney, and in fact, this is almost 
invariably done. 



6 

IN SELECTING AN ATTORNEY, the 

first consideration should be trustworthiness ; the 
second, capacity; the third, diligence. It is evi- 
dently an advantage in deciding on these points to 
have an Attorney within easy distance, in order 
that a personal interview may be readily had if 
desired, and also that his references may be easily 
consulted- Moreover, it is a great advantage fre- 
quently, both to the Attorney and his client to be 
able to consult together either before filing the ap- 
plication or during its prosecution in the Patent 
Office to insure a complete understanding. These 
considerations clearly make it preferable, other 
things being equal, that the Attorney should reside 
within easy reaching distance of the client. 

All business with the Patent Office must be " trans- 
acted by correspondence" and "the personal attend- 
ance of applicants at the Patent Office is unneces- 
sary." (See Eule 4, of Eules of Practice.) The 
evident reason for this is that the record which is 
kept in the Patent Office must show the whole 
course of the case. Therefore, even when the At- 
torney secures a personal interview with an Exam- 
iner in the Patent Office — which in the majority of 
cases is of no advantage — the arguments and ex- 
planations then used must be written out and filed. 
The advantage, therefore, of having an Attorney 
who resides where the Patent Office is located is 
not such as is often imagined ; and whatever ad- 
vantages there really are may be readily secured 
by the non-resident Attorney through an associate 
in Washington at small cost. The fact that the 
great bulk of business Jwith the , Patent Office is 



transacted by non-resident Attorneys, proves that 
the advantage of the Attorney being near his client, 
rather than near the office is generally appreciated 
and acknowledged. 

A COMPLETE APPLICATION FOR A 
PATENT COMPRISES: 

1. The Petition. 2. The Drawings. 3. The 
Specification. 4. The Oath. 5. The Government 
Fee. 

The Petition recites the name, citizenship and 
residence of the applicant and the subject of the 
invention, and is generally combined with a grant 
of power to an Attorney to prosecute the applica- 
tion. 

The Drawings must be artistically executed and 
must clearly illustrate the invention. They should 
frequently illustrate also one or more modified 
forms, which it is desired to secure as equivalents. 

The Specification should first describe in general 
terms the nature and object of the invention, show- 
ing where it differs from and is an improvement 
upon constructions or methods previously known 
and used for the same or similar purposes. The 
construction of the device or machine should then 
be described " in such full, clear, concise and exact 
terms as to enable any person skilled in the art or 
science to which it appertains, or with it is most 
nearly connected, to make, construct, compound 
and use the same," reference being made to the 
accompanying drawings Ct and to the letters and 
figures of reference marked thereon." " The speci- 
fication must conclude- with a specific and distinct 



8 

Claim or Claims of the part, improvement, or com- 
bination which the applicant regards as his inven- 
tion or discovery ." 

The Oath or affirmation, which is executed or 
acknowledged before a Notary Public and attested 
by his seal, declares that the applicant "believes 
himself to be original, first and sole inventor of the 
improvement described and claimed in the specifi- 
cation; that the same has not been patented to 
himself or to others with his knowledge or consent 
in any country, and that it has not to his knowl- 
edge been in public use or on sale in the United 
States for more than two years prior to his applica- 
tion, and that he does not know and does not be- 
lieve that the same was ever known or used prior 
to his invention thereof. 

My fees as Attorney and also those payable to 
the Government are given on page 24. 

MODELS are very seldom wanted by the Pat- 
ent Office and are never required at the time the 
application is filed, being called for afterward if 
found to be necessary to the full understanding of 
the invention. The size, as limited by the Patent 
Office, must not exceed twelve inches either way. 
I seldom require a model to enable me to properly 
prepare an application, but where an inventor has 
made one, no matter how rough, for his own satis- 
faction, I always prefer to see it. 

THE PROPER PREPARATION OF 
THE SPECIFICATION AND CLAIMS is 

the most difficult and important part of the work 



9 

involved in an application. To describe in " clear " 
yet li concise " terms the construction, application, 
and advantages of an invention, requires a thor- 
ough knowledge of the particular art to which the 
invention relates and of the technical terms which 
should be used to designate the several parts of 
the device. This frequently necessitates a careful 
study of the subject as a preliminary to the prepara- 
tion of the specification, for which purpose a varied 
mechanical and technical library is required. Not 
only natural mechanical ability, but practical me- 
chanical training and experience are in many cases 
essential to the full understanding of the construc- 
tion and advantages of an invention. Economy of 
construction, simplicity, durability and efficiency are 
some of the advantages which it is often necessary 
to prove before a patent will be allowed, and to 
properly appreciate and clearly explain such fea- 
tures requires mechanical knowledge, as well as argu- 
mentative ability. 

It is all-important that the principle or "spirit" 
of the invention should be clearly pointed out and 
that the specifications and drawings should not re- 
strict the invention to the exact construction into 
which it may have been first worked up. Modified 
forms which are substantial Equivalents, may 
frequently be devised, and such equivalents should 
be covered. And to this end it is often important 
to illustrate and describe one or more equivalent 
constructions, so as to more clearly indicate the 
breadth and extent of the invention. And the in- 
ventor and his Attorney should both give due con- 
sideration to this subject. 



10 

THE CLAIMS with which the specification is 
concluded, determine the true face value of a pat- 
ent. Anyone who has been educated in patents 
can generally tell by an inspection of the claims 
alone, just how much protection is afforded by a 
patent. The patentee cannot receive protection for 
more than he claims, no matter what his specifica- 
tion and drawings set forth, and on the other hand 
he is entitled to all that he claims* unless the 
United States Courts shall decide otherwi; e, the 
burden of proof being on those who attempt to 
contest them. Damages can only be collected where 
the Claims have been infringed. Their supreme 
importance therefore is evident, and great care, 
ability and judgment are required to draw them 
properly, and respectful perseverance and careful 
argument are frequently necessary to secure their 
allowance. It is a comparatively easy matter to 
obtain a patent with narrow and restricted claims, 
the Examiner of the application not being likely to 
refuse little where much might be demanded. It 
is his chief care not to grant more than should be 
granted. It is the applicant's chief care not to ask 
for or to accept less than he is entitled to. 

IN JUDGING THE VALUE OF A 
CLAIM the most important general rule to re- 
member is : That the fewer the number of elements 
or conditions specified in it the broader and the 
better the claim — and vice versa — the greater the 
number of elements or conditions specified, the 
narrower and poorer the claim. The reason for this 
is that every element and condition specified is 



11 

considered essential, and therefore, if any one of them 
is omitted (without substituting an equivalent) the 
claim is not infringed. Combination claims may be 
exceedingly valuable or comparatively worthless, 
depending upon their character as determined by 
the above rule. 

Generally the elements of a claim should not be 
referred to by letters, as they restrict the claim to 
an element of substantially the construction shown ; 
whereas, in many cases it might be essentially 
varied in form, and answer the same purpose. 

Where an invention admits of it, it is customary 
to secure in addition to a single broad claim other 
narrower claims. The purpose of .this is to protect 
the inventor, even if his broad claim should be 
overthrown in the Courts. It is, however, essential ' 
that the Attorney should be acquainted with the 
state of the art and the decisions of the Patent 
Office and the Courts to insure the securing of 
valid claims, and, as before stated, to secure 
claims as broad and valuable as are due the 
inventor is frequently a more difficult task 
than preparing the original specification and 
claims. In view of the great number of patents 
previously issued in any department and the seem- 
ing resemblance between devices which may be 
essentially different in principle, it is natural that 
strong and logical arguments are frequently neces- 
sary to convince an Examiner that he has erred in 
Judgment. 

Where a patent has been issued with narrower 
and more restricted claims than were really due 
the inventor at the time of his first application, a 



12 

remedy is provided in securing a re-issue, which 
subject will be referred to further on. It is most 
important however, that a good patent should be 
secured in the first place. 

TO OBTAIN A PATENT.— Having thought 
out or discovered something which he thinks new 
and useful, an inventor should make a written 
memorandum or sketch of the idea, together with 
the date, and without any unnecessary delay pro- 
ceed either to try it experimentally, or at once to 
explain it by letter or in person to a reputable 
Patent Attorney, whose experience may enable him 
to make useful suggestions. I am glad to candidly 
advise in such cases without charge. Unless the inven- 
tor is well acquainted with the state of the art to 
which his invention relates, and desires to avoid 
any delay, the best thing to do if the Attorney 
thinks the device likely to be patentable, is to have 
the records examined to find what has been done 
previously that would interfere with getting a 
patent. This is called a Preliminary Exami- 
nation and consists in a general search through 
previous U. S. Patents. It is only preliminary and 
does not pretend to be so complete as to base upon 
it in any case a positive assertion that the invention 
is new and patentable. If nothing is found how- 
ever to interfere, novelty is reasonably certain, 
while on the other hand, if it is found to be old, all 
expense is avoided other than the five (5) dollars 
which is required to be paid before the search is 
made. I then prepare the application papers in 
accordance with what has been said before regard- 



13 

ing the specification and claims, and submit them 
to the inventor, who returns them, if satisfactory, 
properly signed and with the balance of the first 
Government and Attorney fees, which in simple 
cases amounts to thirty (30) dollars in addition to 
the five (5) dollars previously paid. When a pat- 
ent is allowed with acceptable claims an additional 
fee of five (5) dollars is due me, which I do not 
claim, however, if a patent is refused. A final 
Government fee of twenty (20) dollars must be paid 
before the patent will be issued — six months time 
after allowance being given to pay it. The total 
cost of a simple invention is therefore sixty (60) 
dollars. 

WHEN THE APPLICATION IS FILED 

it is given a number and assigned to its proper 
class, where it will be carefully examined in its 
proper turn. The time which elapses between 
filing and the first action by the office varies in the 
different classes from about one week to six months. 
I can generally give this time approximately in 
any particular case. If the Examiner finds the 
drawings, specification and claims in good form, 
and nothing to anticipate the invention, a notice of 
allowance is the first and only action. In the 
great majority of cases, however, objection is made 
to some or all of the claims on account of previous 
patents which are referred to. It is then the duty 
of the Attorney to carefully consider the objections 
and either modify the claims so as to avoid them 
or to convince the Examiner that he is in error. 
It is here that ability, tact and firmness are most 



14 

needed to secure what the applicant is justly 
entitled to. A ready yielding to the Examiner's 
objections by restricting the claims will generally 
secure a prompt allowance with little trouble ; 
whereas, thoughtful and laborious arguments are 
often necessary to secure as broad claims as the in- 
vention warrants. After a patent is issued all the 
correspondence between the Attorney and the 
office is open to the public and can be offered as 
evidence in Court if the patent is ever contested. 
While the application is pending in the office no 
person can obtain any information concerning it, 
unless authorized by the applicant or his Attorney. 

INTERFERENCES sometimes arise in the 
office between parties claiming substantially the 
same invention, in which cases statements must be 
made by them and evidence frequently taken, in 
order that the question of priority of invention may 
be determined. The interference may be between 
two or more pending applications or with a patent 
already issued. The cost of interference cases is 
not great when they are decided on the mere state- 
ments of the parties, but where evidence is taken it 
is apt to be considerable. 

REJECTED CASES, or those in which a pat- 
ent has been refused, frequently contain very valu- 
able invention which has not been properly brought 
out in the application, or has been abandoned after 
rejection without persevering until the office is 
brought to admit the fact. Entirely new applica- 
tions can be filed in such cases within two years of 



15 

the first public use or sale of the invention and 
valid patents secured. My charges are generally 
the same as for original applications. 

APPEALS can be made from the repeated de- 
cision of the Primary Examiner when the appli- 
cant is not willing to accept it. As to matters of 
form Interlocutory Appeals may be made to 
the Commissioner of Patents without charge. As 
to the merits appeals may be made first to the Board 
of Examiner s-in- Chief on paying a Government fee 
of ten (10) dollars. My charge will usually be the 
same amount ten (10) dollars. If the decision is 
still unsatisfactory, it may be appealed to the Com- 
missioner on payment of a Government fee of twenty 
(20) dollars. My charge will usually be twenty- 
five (25) dollars. 

RE-ISSUES of patents are granted " when the 
original patent is inoperative or invalid by reason 
of a defective or insufficient specification." Until 
recently, re-issued patents were granted at any time 
before expiration of the term of the original, with 
claims as broad as should have been obtained in 
the original. The present practice of the Patent 
Office, however, in accordance with late decisions 
of the U. S. Courts is radically different. " Xoth- 
ing but a clear mistake or inadvertance and a 
speedy application for its correction is admissable, 
when it is sought merely to enlarge the claim." 
In such a case it is safe to say that application 
for a re-issue should be made within two years of 
the grant of the original. Where the claims or 



16 

specifications are not clear or any mistake other 
than restricted claims, renders the original patent 
"inoperative or invalid," a valid re-issue may be 
secured at any time during the term of the original. 
In any case, however, the re-issue is only operative 
to the end of the original term. My total charge 
for a re-issue, including Government fee, is gener- 
ally the same as for the original patent — that is 
sixty (60) dollars in simple cases, fifty-five (55) 
dollars of which is payable before the application 
is filed. 

CAVEATS may be filed when an inventor de- 
sires time to experiment and perfect an invention. 
A drawing and description of the invention suffici- 
ently full to clearly show the main features is re- 
quired. No protection is afforded by a caveat, such 
as is given by a patent. The inventor is merely 
notified if any other inventor attempts to secure a 
patent on substantially the same invention within 
one year of filing his caveat, and is given three 
months time after such notice to file an application. 
My total charge for filing a caveat is twenty-five 
(25) dollars in simple cases, including Government 
fees. This money, however, would nearly always 
be better spent in making application at once. A 
caveat can be used as evidence of invention, but 
this object may be attained by merely making a 
sketch of the invention with a short description, 
dating and signing it before a witness. In any 
case, however, promptness in completing the inven- 
tion and applying for a patent is very important. 



17 



DESIGN PATENTS may be secured for "any 
new and original design for a manufacture, bust, 
statue alto-relievo or bas-relief, any new and orig- 
inal design for the printing of woolen, silk, cotton 
or o.her fabrics; any new and original impression 
ornament, pattern, print or picture to be printed 
painted, cast or otherwise placed on or worked into 
any article of manufacture; or any new useful and 
original shape or configuration of anv article of 
manufacture." 

The shape and ornamentation of anv article of 
manufacture may both be covered by a design pat- 
ent The appearance of the article is what is pro- 
tected, however, construction and operation having 
no connection with design patents. A machine 
may be the subject of both design and mechanical 
patents The test of infringement of a design pat- 
ent is 'identity of appearance determined bv the 
eye of the ordinary observer." An article which 
an ordinary observer" might suppose to be the 
same as another, is an infringement if the latter is 
patented. Separate claims, both for shape and 
ornamentation cannot properly, as appears from 
lecent decisions, be included in one patent, but a 
design patent is infringed where so much, either of 
shape or ornamentation or both, are used in a simi- 
lar article as to lead an "ordinary observer" to 
hink it to be the same design. Design patents are 
.sued for three-and-a-half, seven or fonrLn vears, 

iirfvT^r? s being ten (io) ' fifteeQ ^ and 

mrty (30) dollars respectively. My own charges 

utiY 6 ™ are ° rdinarily fifteen (15) dolkrs ad - 



18 

AN ASSIGNMENT of an invention or of an 
interest therein, may be made either before or after 
a patent is granted. It should refer to such a clear 
description of the invention as will fully identify 
it, and is therefore made to refer to the specifica- 
tion and drawings of an application for a patent, or 
to the patent itself, if already issued. 

An assignee of any " undivided interest" has an 
equal right with the patentee to make, Use or sell 
in any part of the United States. He is independ- 
ent of, not a partner with the patentee, unless a separ- 
ate partnership agreement is made. Inventors 
should clearly understand this before assigning, and 
if the aid of the assignee is part of the consider- 
ation for such assignment a separate agreement 
should be made. 

A Grant to make, use and sell within a speci- 
fied part of the United States gives the grantee the 
exclusive right in that part, but no right whatever 
in any other. 

Either an assignment or grant should be recorded 
in Patent Office, within three months from its date 
to insure its validity. 

A License does not require to be recorded. It 
may merely permit the manufacture, or the use, or 
both, within a limited section or over the whole 
country. The terms and conditions may vary as 
desired. 

My charge for preparing and recording ordinary 
assignments or grants is three (3) dollars. For pre- 
paring agreements, &c, according to the work in- 
volved. 



19 

REPORTS ON PATENTS.— Owners of pat- 
ents and others frequently need to be informed of 
their true scope and value. This is always advis- 
able — first, for a patentee before bringing suit for 
infringement; second, for a manufacturer before 
undertaking to make, or if already making before 
discontinuing to make any article which may pos- 
sibly infringe a patent ; third, for a person desiring 
to invest in a patent before making such an invest- 
ment. Caution both in ascertaining the title to a 
patent, and still more in determining its real value, 
is of greater importance probably than in any other 
investment. 

The apparent or " face " value of a patent may be 
determined by a careful consideration of the claims 
in connection with the specification and drawings. 
It must be remembered that the invention shown 
may be much more valuable than the patent, which 
latter may not properly protect it as already ex- 
plained. 

On the other hand, the "face" value of the pat- 
ent is often deceptive. Broader claims than were 
warranted by the previous state of the art are some- 
times secured, so that an apparently valuable pat- 
ent may even be a clear infringement of a previous 
unexpired one, and serve to lead an inventor into 
liability and damages. 

Before entering upon a course which may lead to 
expensive litigation and trouble, it will be true 
economy to determine the base upon which you 
would stand. 

. Where a thorough search of previous patents is 
required, such a report will cost considerably more 



20 

than where it is desired to learn the " face " value 
alone, but the charge will vary with each particu- 
lar case. 

MARKING ARTICLES "PATENTED." 
— No damage can be recovered for infringement of 
a patent, unless due notice is given of the patent, 
with date of issue. Where possible this should be 
done by marking the article itself. 

lt Patent applied for" may be marked upon an 
article for which an application has been filed. 

Deceptive Marking is punishable by law, one- 
half of the penalty fixed going to the person who 
shall inform upon the offender and sue for the same. 

TRADE MARKS may be registered in the 
Patent Office under certain requirements. A law- 
ful trade mark may be any symbol, device, letter or 
word, to which the owner can justly claim an ex- 
clusive right on any particular goods. Before be- 
ing registered it must have been used in trade with 
a foreign nation — as Canada. A formal applica- 
tion is required with description, and fac simile, 
date of first use and method of applying to goods. 
The Government fee is twenty five (25) dollars and 
my charge for preparing and prosecuting is fifteen 
(15) dollars additional. A search is made by the 
office, and registry objected to if a mark resembling 
it has been previously used on the same goods, or 
if the mark itself is not considered a lawful trade 
mark. A registered trade mark, is therefore, 
almost sure of being sustained against infringers if 
brought before the Courts. An assignment may be 



21 

made and recorded in the Patent Office. Trade 
marks may also be registered in foreign countries. 

LABELS may also be registered in the Patent 
Office. They include any words or devices, other 
than a trade mark, appearing upon any manufact- 
ured article, and may describe the article and the 
name and location of manufacturer, directions for 
use, &c. They, should be registered before being 
brought into use. 

The Government fee is six (6) dollars. My fee 
is six (6) dollars additional. 

COPYRIGHTS.— A citizen or resident of the 

United States may copyright a book, map, chart, 

dramatic or musical composition, engraving, cut, 

print, or photograph, or a painting, drawing, chro- 

mo, statue or statuary, or model or design for a 

work of the fine arts, thus securing the sole right 

to publish or dispose of the same for twenty -eight 
years. 

A printed copy of the title or a description of 
the book or article to be copyrighted, must be for- 
warded to the Librarian of Congress before publi- 
cation — that is, before being given to the public. 
Within ten days of publication two copies or photo- 
graphs of the book or other article must be for- 
warded. The word " copyright," together with the 
year must appear on each copy published. My 
charge including Government fee for entry and a 
certificate, is five (5) dollars. 

Copies of Patents can be secured from the 
Patent Office for twenty-five (25) cents a single 



22 

copy. When a number are wanted I am prepared 
to furnish them at a reduction from this rate. 

FEES. — A fee of five (5) dollars is expected to 
be paid before a case is prepared — the balance of 
the first Attorney fee and the first Government fee, 
as noted on page 24, being payable after the case 
is prepared and approved and before filing. 

My fees are made as low as possible, consistent 
with good work. I do not, however, pretend to 
compete with those "cheap" Attorneys whose only 
endeavor is to obtain a patent regardless of what 
kind it may be. And especially not with those who 
require no pay for their work, unless they succeed 
in getting a patent. The kind of patent they suc- 
ceed in getting is likely to be worse for the inventor 
than total failure. Those who have had experience 
or who have carefully read what precedes in these 
pages will understand the necessity for great care 
and skill in obtaining the best patent possible and 
will not be attracted by such inducements. 

As already explained, the preparation of an ap- 
plication is by no means certain to be the end of an 
Attorney's work in a case. The prosecution is apt 
to be as troublesome as the first preparation of the 
application. I do not, therefore, require the full 
Attorney fees to be paid before filing, but leave a 
balance of five (5) dollars, which is due on allow- 
ance of a satisfactory patent. This balance serves 
as a guarantee of careful work, yet does not place 
the Attorney in the position of wagering the work 
he has expended upon the preparation of the case. 
It is fair both to the Attorney and the applicant. 



23 

It is better to pay the most extravagant fees that 
the highest reputation makes it possible to demand,, 
rather than place your invention in the hands of 
those who care little what kind of patent they se- 
cure — with the likelihood of losing all benefit from 
it. • 

It will be well, however, to remember that those 
who are widely advertised are not necessarily of high 
reputation. It is very likely to be otherwise. 

There is no necessity, either for paying extrav- 
agant fees. There are reliable and competent 
Attorneys who will do equally good work for 
reasonable charges. Inventors should exercise 
good judgment in their selection, and aside from 
the advantages already referred to of engaging an 
Attorney who is near at hand for consultation if 
desirable, is the further advantage of easily insuring 
yourself of his integrity and ability. The few 
letters of recommendation from well known men 
of high standing, which are included in these 
pages will be sufficiently satisfactory to most people 
within convenient distance of Reading, where I am 
located, but I will be pleased to furnish additional 
evidence to those who may inquire. 



24 

TABLE OF FEES. 

For Simple Inventions, including Government Fees. 

Gov. Att'y 
Fees. Fees. 
Preliminary Examination. — To be paid in 
advance, but deducted from fees if applica- 
tion is made $ 5.00 

Application for Patent. — First fees for sim- 
ple inventions, payable before filing $15.00 20.00 

Final fees, payable after allowance 20.00 5.00 

Total $60.00 



Application for Design. — 3% year term, first 

fees , $10.00 $10.00 

7 year term, first fees 15.00 10.00 

14 year term, first fees 30.00 10.00 

Additional attorney fee due in each case 

after allowance 5.00 

Caveats. — Fees in simple cases, total payable 

before filing 10.00 15.00 

Total $25.00 



Re-Issues. — Fees in simple cases, total paya- 
ble before filing $30.00 $25.00 

Additional attorney fee, due after allow- 
ance 5.00 

Total $60.00 



Trade-Marks. — Eegistering — First fees, paya- 
ble before filing $25.00 $10.00 

Additional attorney fee after registry 5.00 

Total $40.00 



Label. — Registering — Total fees, payable be- 
fore filing $6.00 $6.00 

Total $12.00 

Copyright. — Including certificate, total fees.... $5.00 



25 

FOREIGN PATENTS. There are many in- 
ventions which it is advisable that inventors should 
secure in foreign countries, as well as in the United 
States. If an equal amount of business energy and 
ability is applied to introduce an invention or dis- 
pose of the rights in the principal foreign countries, 
as is applied at home in the same direction, patents 
in those countries should generally be equally profit- 
able. Neglect of such patents, however, when they 
are obtained, sometimes results in the loss of valu- 
able rights, as most countries require that certain 
taxes should be paid and that the invention shall 
be "worked" within a certain time, or the patent 
be forfeited. 

Applications for foreign patents should generally 
be prepared after the United States application, but 
before the issue of the United States Patent. In 
foreign countries the date of filing the application 
is the date of the patent, and if this date is earlier 
than that of the United States Patent — the term of 
the latter is, by law, limited to the term of the 
shotrest foreign patent, which term is generally less 
than seventeen years. On the other hand, if 
foreign applications are delayed long after the issue 
of United States Patents, the publication of the lat- 
ter in those foreign countries is apt to prevent the 
issue of valid patents there. 

The charges noted below for securing patents in 
foreign countries, include in all cases both Govern- 
ment and Attorney fees. The charges are very low 
considering the necessity for a thorough acquaint- 
ance and careful conformance with the varying 
practice of the different foreign countries and the 



26 

necessity for employing thoroughly reliable foreign 
agents to carefully translate, file and care for the 
applications. They are based upon simple inven- 
tions. When an invention is more extensive or 
complicated than ordinary, they will be increased 
to cover additional cost of translating and of prepar- 
ing drawings, which latter are always required in 
duplicate or triplicate. 

The first tax only is given including agents fees. 

Further information as to the relative import- 
ance of countries, payment of taxes, &c, I will be 
glad to furnish on application. 

CANADA.— Term, 15 years; cost, $40. Must 
be worked within 2 years. End of fifth year, $22. 

GREAT BRITAIN.— Term of 14 years; cost, 
$75. Working not required. End of fourth year, 

$55. 

FRANCE.— Term, 15 years; cost, $75. Must 
be worked within 2 years. End of first year, $25. 

BELGIUM.— Term, 20 years ; cost, $50. Must 
be worked within 1 year. End of first year, $7.50. 

GERM ANY.— Term, 15 years ; cost, $75. Must 
be worked within 3 years. End of first year, $17.50. 
A rigid examination is made. Charge for appeal 
in case of refusal, $25. 

AUSTRIA-HUNGARY. — Term, 15 years; 
cost, $80. Must be worked within a year. End of 
first year, $22.50. 



27 

ITALY.— Term, 15 years ; cost, §80. Must be 
worked within 1 year. End of first year, S15. 

SPAIN, CUBA, &c— Term, 20 years; cost, 
S80. Must be worked within 2 years. End of first 
year, §10. 



28 



TESTIMONIALS AND EEFEEENOES. 



Letter from John E. Wootten, formerly General 
Manager of the Philadelphia & Reading R. R., In- 
ventor of the " Wootten Locomotive," &c. 

Reading, Pa., February 23, 1889. 
W. G. Stewart, Esq., Reading, Pa. 

Dear, Sir : — It is due to you that I express the sat- 
isfaction and pleasure afforded me by the thorough 
and masterly manner in which all business entrusted 
to your care has been executed. The mechanical 
training and experience which you acquired during 
your connection with the Drafting Department of 
the Reading Railroad Company, has doubtless been 
of much service to you in the prosecution of the 
business in which you are now engaged. I have 
especially noted the concise and lucid manner in 
which your drawings and descriptive papers are 
prepared and followed up by clearly defined and 
comprehensive claims, which have availed you 
much in leading to the prompt grant of the many 
applications to the Commissioner of Patents, pre- 
sented by you in behalf of your clients; and, I 
therefore, feel assured that in view of your excep- 
tional qualifications and knowledge of patent law, 
your success must be as complete as it is well de- 
served. Very truly yours, 

J. E. WOOTTEN. 



29 

Letter from P. M. Sharpies, Manufacturer of 
Dairy Machinery, &c, West Chester, Pa. and El- 
gin, 111. 

West Chester, February 2, 1889. 
Walter G. Stewart, Beading, Pa. 

Dear Sir : — It gives me great pleasure to state 
that all the business entrusted to your care, has 
been thoroughly and satisfactorily done. My 
early experience with several Patent Lawyers 
leads me to think that men who will attend to such 
business in a way calculated to the best inter- 
ests of their clients are few, for I find that simply 
to secure a patent without any regard to its value 
to the applicant, is the prime idea with many in 
your business, their object being to secure the fees, 
regardless of the interests of their client. The in- 
telligent help and interest which you have always 
given me, I consider invaluable, and the thorough 
and exhaustive report, which you gave me with 
your legal opinion on a certain patent was very 
satisfactory, and it may be of interest to you to 
know that the opinions were afterwards confirmed 
in every particular by Mr. Harding, of Philadel- 
phia, who complimented you on the thoroughness 
of the report and opinions, and as you know, Mr. 
Harding stands second to no one in his reputation 
as a Patent Attorney. Yours truly, 

P. M. SHAEPLES. 



30 
Beading Stove Works 



Orr, Painter & Co., 
Beading, Pa., March 22, 1889. 
Mr. Walter G. Stewart. 

Dear Sir : — We are pleased to state, that what- 
ever business we have entrusted to you, has been 
attended to in a very satisfactory manner, We 
have the utmost confidence in your skill and abil- 
ity in your profession, and feel so well satisfied 
with your work in the past, that we will have no 
hesitancy in giving you whatever patronage we can 
in the future. With kindest regard for your suc- 
cess, We are very truly yours, 

BEADING STOVE WOBKS, 

Orr, Painter & Co. 
Jesse Orr, President. 



Extract from decision in appeal, allowing a re- 
jected application. 

U. S. Patent Office, February 11, 1889. 
Before the Examiner s-in- Chief on Appeal. 
Mr. W. G. Stewart, for Appellant. 

The advantage of Appellant's improvement are 
stated in his argument filed, as follows : * * * 
These points of increased utility are sufficient in 
our judgment to carry patentability over the prior 
state of the art shown by the references, and we 
therefore reverse the Examiner's decision. 
H H. BATES, 
B.' L. B. CLABKE, 
BOBEBT J. FISHEB, Jr., 

Examiner s-in- Chief. 



31 
Beading Bolt and Nut Works 



J. H. Sternbergh & Son, Prop'rs. 
Beading, Pa., February 22, 1889. 
Walter G. Stewart, 

Patent Solicitor, Beading, Pa. 
Dear Sir : — In answer to your inquiry, it gives 
me pleasure to state that I have been very much 
pleased with _ the pains-taking and intelligent 
handling of the patent business which I have 
placed in your hands. In the preparation of the 
specifications and drawings for the several applica- 
tions made for me, you appear to have made a 
careful scrutiny of all the surroundings of each 
<?ase, and have evidently borne in mind your client's 
interest, in short, I may say, that all of your 
work has been entirely satisfactory. 
Yours truly, 

J. H. STEBNBEBGH. 



32 



A FEW ADDITIONAL EEFEKENGES. 



Mt. Penn Stove Works Reading. 

Savage, Robert H " 

Deem, Miller M " 

Tyson, George E " 

Zerr, William B Spring Township, Berks Co. 

Wissler, Aaron Brunnerville, Lancaster Co. 

Peters, John Pottstown. 

Neubling, George E Reading. 

Kline, William D Molltown, Berks Co. 

Ganster, Geo. P, Reading. 

Johnson, Dr. Harry L " 

Haws, W. H Birdsboro. 

Winger, Dr. Franklin Rothsville, Lancaster Co. 

Frischeis, Fabian S Lititz. 

Bachman, Jacob Stony Run, Berks Co. 

Kinports, Martin Ephrata, Lancaster Co. 

Spangler, Harry D " " 

Coleman, W. S. S Reading. 

Binckley, Henry " 

Heller, Daniel C " 

Fries, Jacob " 

Chantrell, Felix " 

Eisenbice, Harry W " 

Guss, Samuel M Pottstown. 

Hoke, Cyrus U Reading. 

Dechant, William H " 

Adams, Daniel R '• 

Xander, John G " 

Xander, George A Hamburg. 

Baily, Mifflin W Pottstown. 

Newlin, Franklin " 

Schlechter, G. A Reading. 

Kipe, Charles L Dilworthtown. 

Hayes, George Shamokin, Schuylkill Co. 

Lash, Isaac R Heidelburg Township, Berks Co. 

Ammon, Dr. Jacob S Reading. 

Sternbergh, J. H. & Son " 

Heller. Charles F 

Keiser, Florenz Pottstown. 

Wolfe, Edward W.. Reading. 

Schoenfeld, Dr. John " 

Fiester, John C " 

Landis, Levi L New Berlinville. 

Wilhelm, W. H. & Co Reading. 

Fox,Mahlon R " 

River Foundry Co tl 

Thalheimer, Albert " 

Rote, John F " 




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